Commonwealth v. Zacharias

Citations

• 3 Pa. Super. 264
• 1897 Pa. Super. LEXIS 9

Syllabus

<p>Criminal law — Constitutional law — Druggists' acts of 1887 and 1891.</p> <p>The act of May 24, 1887, P. L. 19,0, as amended by the act of June 16, 1891, P. L. 313, prohibiting unqualified persons from, engaging in the business of retailing drugs, is unconstitutional.</p> <p>Druggists — Certified pharmacist — Police regulation.</p> <p>If a statute is only directed against certain persons who ar'e engaged in a given business or against commodities in such manner as to discriminate between those who are engaged in tire same trade or pursuit, in aid of some, at the expense of others, such statute is not a police but a trade regulation. The act of 1891, in that it permits certain unqualified persons to engage in the retail drug business and excludes others, is not an exercise of police power, but presents a condition of class legislation and is therefore unconstitutional, and falls under the ruling of Sayre Borough v. Phillips, 148 Pa. 482.</p> <p>Smith, J. concurs in the judgment of reversal but holds that apart from any question of constitutionality a punishable offense has not been committed under the two statutes, and that the case at bar is ruled by Com. v. Johnson, 144 Pa. 377.</p>